WRONGFUL TERMINATION LAWYERS
MISSISSAUGA WRONGFUL DISMISSAL/ TERMINATION LAWYERS
Was I Wrongfully Terminated?
Whether you are a seasoned professional or new in your position, losing your job could leave a dark stain on your professional career and negatively affect your confidence. These effects can be further worsened by losing a job wrongfully or being dismissed without due cause.
Wrongful termination typically occurs when an employer fails to provide the employee with proper notice of dismissal, or the employer’s decision to terminate the employee’s contract was unlawful. An unlawful dismissal is one based on discriminatory grounds such as race, gender, sexual orientation, colour, or ethnicity.
What Are My Options Now?
- Negotiation: If you have been wrongfully terminated or unlawfully dismissed, the simplest and least expensive solution may be to try to resolve the issue directly with your employer. This can be an intimidating prospect, and we recommend that you take some time before meeting with your employer to write down what you have to say and any questions you may have. Bring a pen and paper so that you can jot down any new information that comes out in the meeting.
- Suing Your Former Employer: If your employer refuses to negotiate with you, or will not agree to compensate you in the way you deserve, you might need to hire a lawyer and take your employer to court.
The first thing your lawyer will probably do is send a letter to your employer letting him or her know that you’ve retained a lawyer and are prepared to fight for what you are entitled to. Sometimes this alone can be enough to prompt your employer to compensate you for the wrongful termination or unlawful dismissal.
If you are forced to sue your employer for compensation, the court in which you bring this lawsuit will depend on the amount of money you feel you are owed. If you are seeking $25,000 or less, you can bring your lawsuit in Small Claims Court. If you are seeking an amount above $25,000, you will need to bring your lawsuit in a higher Ontario court.
There are three types of compensation you can ask for in a lawsuit against your employer:
- If you were wrongfully dismissed, you can bring a claim for the additional wages you would have made at your job if your employer had given you proper notice of termination.
- If you were fired in a way that was cruel or humiliating, you can bring a claim for special compensation for the mental distress that you suffered as a result.
- If you were fired in a way that was malicious or aimed at causing you embarrassment or harm, you can bring a claim for compensation as a way of punishing your employer for his or her actions.
As with most all legal matters, your chances of being successful in bringing a lawsuit against your employer depend on the individual facts of your specific case.
- Mediation or Arbitration: The option of resolving your legal issue through mediation or arbitration may be recommended by the court, or may be a requirement pursuant to your employment contract. Both of these methods of conflict resolution involve the help of a neutral third party, with a mediator helping the parties reach an agreement, and an arbitrator making a decision that is binding on the parties.
In any event, it is important to speak to a lawyer before you sign anything or include your demands to any letters, messages, or emails to your employer. It is normal to want to resolve any pressing legal issues as quickly as possible, but in order to ensure your best chance at getting what you deserve, you need to get legal help. When it comes to arguing for a fair result, Tailor Law employment lawyers have your back.
Free Consultation for Employment Matters
If you believe you have been wrongfully relieved of your position, our employment lawyers will discuss your options with you and go over any severance packages, dispute resolution packages, negotiations, and possible wrongful dismissal court actions. The team at Tailor Law will work with you to ensure that your case is represented in the best possible way and ensure you receive what you are owed. Please give us a call anytime at 905-366-0202 to book your free consultation with our Mississauga wrongful dismissal/termination lawyers